58-30,101. Title of act; compliance. (a) This act shall be known and may be cited as the brokerage relationships in real estate transactions act. (b) Failure to comply with any requirement of K.S.A. 58-30,103 or K.S.A. 58-30,110, and amendments thereto, or rules and regulations adopted thereunder, shall not by itself render any agreement void or […]
58-30,102. Definitions. As used in the brokerage relationships in real estate transactions act, unless the context otherwise requires: (a) “Affiliated licensee” means any individual licensed as a salesperson or broker under the Kansas real estate brokers’ and salespersons’ license act who is employed by a broker or affiliated with a broker as an independent contractor. […]
58-30,103. Written agency agreements; written transaction brokerage agreements. (a) Except when acting as a transaction broker or solely as a seller, buyer, landlord or tenant, a broker shall act only as a statutory agent in any real estate transaction. A licensee shall not act as a dual agent or in a dual capacity of agent […]
58-30,104. Termination of relationships. (a) (1) The agency relationships set forth in K.S.A. 58-30,103, and amendments thereto, shall commence at the time that the client engages the broker, and shall continue until: (A) A transaction is closed according to the agreement of the parties; or (B) if a transaction is not closed according to the […]
58-30,105. Compensation. (a) Compensation is presumed to come from the transaction and shall be determined by agency or transaction broker agreements entered into pursuant to K.S.A. 58-30,103, and amendments thereto. (b) Payment of compensation by itself shall not establish an agency between the party who paid the compensation and the broker or any affiliated licensee. […]
58-30,106. Minimum requirements of seller’s or landlord’s agent. (a) A seller’s agent or a landlord’s agent shall be a statutory agent with the duty and obligation to: (1) Perform the terms of the written agreement made with the client; (2) promote the interests of the client with the utmost good faith, loyalty and fidelity, including: […]
58-30,107. Minimum requirements of buyer’s or tenant’s agent. (a) A buyer’s or a tenant’s agent shall be a statutory agent with the duty and obligation to: (1) Perform the terms of the written agreement made with the client; (2) promote the interests of the client with the utmost good faith, loyalty and fidelity, including: (A) […]
58-30,109. Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations. (a) In the absence of designated agents appointed pursuant to subsection (b), a brokerage firm may act as a transaction broker pursuant to K.S.A. 58-30,113, and amendments thereto, on an in-house transaction with the informed consent of the seller client […]
58-30,110. Real estate brokerage relationships. (a) (1) The commission shall adopt a rule and regulation prescribing language which describes a seller’s agent, a buyer’s agent and a transaction broker for inclusion in a brochure entitled “real estate brokerage relationships”. (2) Except as provided in subsection (a)(3), a licensee shall furnish a prospective buyer or seller […]
58-30,111. Imputed knowledge. (a) A client or customer shall not be liable for a misrepresentation or omission by the client’s statutory agent or the transaction broker arising out of the agency or transaction broker agreement unless the client or customer knew of the misrepresentation or omission. (b) A statutory agent or transaction broker shall not […]
58-30,112. Forms; rules and regulations. The commission shall provide sample forms of agency agreements and, by rules and regulations, provide such other prohibitions, limitations and conditions relating thereto as the commission may prescribe. History: L. 1995, ch. 252, § 12; Revived, L. 1997, ch. 65, § 43; L. 1997, ch. 65, § 44; Oct. 1.
58-30,113. Transaction broker; obligations of; disclosure of information. (a) A broker engaged as a transaction broker shall not act as an agent for either party. (b) A transaction broker shall have the following obligations and responsibilities: (1) To perform the terms of any written or oral agreement made with any party to the transaction; (2) […]
58-3034. Title of act. K.S.A. 58-3034 through 58-3077, and K.S.A. 2021 Supp. 58-3078 through 58-3085, and amendments thereto, shall be known and may be cited as the real estate brokers’ and salespersons’ license act. History: L. 1980, ch. 164, § 1; L. 1986, ch. 209, § 19; L. 1995, ch. 252, § 13; L. 2000, […]
58-3035. Definitions. As used in this act, unless the context otherwise requires: (a) “Act” means the real estate brokers’ and salespersons’ license act. (b) “Advance listing fee” means any fee charged for services related to promoting the sale or lease of real estate and paid in advance of the rendering of such services, including any […]
58-3036. Licensure required. Unless exempt from this act under K.S.A. 58-3037, and amendments thereto, no person shall: (a) Directly or indirectly engage in or conduct or represent that such person engages in or conducts the business of a broker, associate broker or salesperson within this state unless such person is licensed as such a broker, […]
58-3037. Exemptions. The provisions of this act shall not apply to: (a) Any person, other than a person licensed under this act, who directly performs any of the acts within the scope of this act with reference to such person’s own property. (b) Any person who directly performs any of the acts within the scope […]
58-3038. Licensure required for recovery of compensation for services; exceptions. (a) Except as provided by subsection (b), no action shall be instituted or recovery be had in any court of this state by any person for compensation for any act or service, the performance of which requires a license under this act, unless such person […]
58-3039. Licensure; application; criminal history record check; qualifications; examination. (a) Any person desiring to act as a broker or salesperson must file an application for a license with the commission or, if required by the commission, with the testing service designated by the commission. The application shall be in such form and detail as the […]
58-3040. Nonresident license. (a) A nonresident of this state may be granted a broker’s license if: (1) The nonresident is licensed as a broker in the nonresident’s state of residence; and (2) the nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except as provided by subsection (e). […]
58-3041. Restricted or conditioned license. (a) The commission may issue a restricted or conditioned license to an applicant for an original license or grant an application for renewal of a license, as deemed by the commission to be in the public interest. Restrictions or conditions may be imposed on the issuance of the original license […]
